Review: This work contains the results of the author’s analysis of the issues pertaining to clarification and interpretation of the constitutional position on recognition and equal protection of various forms of ownership in the Russian Federation. Based on the research and comparison of the norms of the current Russian legislation on this matter and the experience of its implementation, as well as various scientific views, the author makes the conclusion that the content of the analyzed norm of the Russian Constitution cannot signify equality of all forms of ownership in the Russian Federation, since regulatory designation of this Constitutional imperative is immeasurably broader. The author defends the opinion that outside such logic any discussion of equality of recognition of various forms of ownership same as of equally applicable basis for legitimization, including the protection from infringement, will not have the proper empirical confirmation and will thus inevitably become theoretical.

Review: This article examines the issue of the lack of rights of employers in the area of labor within the constitutional law of the Russian Federation. The Russian Constitution contains only the positions on the labor rights of the citizens as employees. But in the case where that same citizen ends up in the position where they employ someone, they find themselves in the vacuum of the constitutional law. Their rights as an employer are no longer guaranteed by the Constitution of the Russian Federation. Within the context of the principle of equality, which is the foundation of the Russian legal field, this position of employers seems unjust and discriminatory. The authors analyze the current legislation, including the norms of the Labor Code of the Russian Federation, as well as the norms of the Administrative Code of the Russian Federation. There is also a discussion on whether or not the employers need constitutional rights in the area of labor. The authors come to a conclusion that in order to realize the principle of equality proclaimed in Russia, it is necessary to include the positions on the rights for employers in the area of labor into the Constitution of the Russian Federation.

Review: This work was motivated by the constant attention of the scientists and practicians to improvements in dactyloscopy due to development of scientific and technical means and scientific milestones in criminology and forensic science on identification. The authors examine the problems of reasonableness of implementation into law enforcement of delta index, symbol dactyloscopic formula as a combination of ridge patterns of the palm and fingertips, as well as other dermatoglyphical traits of the ridge patterns. A special attention is given to the argument that the symbol dactyloscopic formula can serve as biological marker of adaptive phenotype, allowing forecasting emergence of criminally significant events by the ridge patterns of the individual. Analysis was conducted on the research of ridge patterns by other authors from previous years, as well as ridge patterns of persons who committee violent crimes in a number of Russian regions. The results and comparison with the proposed prospects of development in dactyloscopy and dermatoglyphics by other authors reveal that neither the numerical nor symbol formula is sufficient for identification of a specific individual. The research needs to be conducted on the morphological images of the ridge patterns of fingertips, which will allow avoiding mistakes.

Review: The subject of this research is the Federal Law “On the Roads and Road Activities in the Russian Federation…” No. 257-FZ from November 8, 2007, as the foundation of legislation of the Russian Federation on roads and road activities. The object of the research is the legal norms, contained in the law, that regulate the core functionality of the roads and driving. A special attention is given to the proposition on improving these legal norms by changing them, as well as introducing additional articles that would allow eliminating the gaps in legislation on roadways and road activities. The scientific novelty consists in the fact that the author is first to analyze the foundation of the legislation of the Russian federation on roads and road activities, detects the key flaws and gaps in the law, and devises measures for remedying the imperfections that impede the development of the road system. The proposed changes allow a significant concretization of the norms that regulate the use of roads, as well setting the responsibility for the authorities of executive branches and their leadership that are not performing their duties.

Oseichuk, V.I..
On the mechanism of formation of the highly
professional top echelon of government power
(a scientifi c discussion)
// Law and Politics. – 2014. – ¹ 8.
– P. 1267-1275.
DOI: 10.7256/1811-9018.2014.8.12690.

Review: The article is devoted to the analysis of the mechanism for the formation of the highly professional
national elite in the sphere of state administration. Special attention is paid to the domination of spontaneous
elements in recruiting highest state bureaucracy. The author offers a system of measures for the legal regulation
of the system of selection, training and promotion of the best cadres to the top echelon of the government power.
In the opinion of the author the main principles of the mechanism for the formation of the higher echelon of state
government should be provided for in the Constitution of the Russian Federation. The article raises an issue
of the formation of the new mechanism for the formation of national elite in the sphere of state administration.
The study involves a system of methods, including formal logical, dialectic, materialistic, systemic, historical,
statistic, sociological. If Russia is going to deal with the challenge and become one of the leading states, it
should form a new mechanism for the formation of the national elite in the sphere of state administration, so
that the best representatives of the Russian society would strive to join it. The top echelon of state government
of Russia should be more than just a sum of person, who came there sometimes by mere luck, rather it should
be a social group, which is formed mostly by purposeful selection. Additionally, the only persons remaining in
top echelon should be those, who are able to guarantee dynamic development of the state and high qualify of
living standard for the people.

Review: The author analyzes the current position of the institution of elections in Russia after the two decades of its development
within the framework of the current Constitution of the Russian Federation. It is noted that the election legislation is
not stable, it lacks a united vector, it moves to one extremity and then to the other, and the changes are conjuncture-based.
It is shown that the elector activities are lowering, and in many regions and large cities the number of active electors
in regional and municipal elections is extremely low. These facts show low level of trust of electors to the institution of
elections, and the social polls show the same tendency. The main defects in the practice of elections included preclusion
of access to elections for popular candidates and party lists, and falsifications in counting elector voices. Additionally,
due to some provisions of current election legislation of late year a new problem of “ fabricated majority” takes place
more and more often. The conclusion is made that the Russian elections mostly do not correspond to their constitutional
purpose, which is to express the will of the people.

Review: This article contains an attempt to analyze polemic issues of organizational legal mechanism of the guarantees
of constitutional rights and freedoms of individuals and citizens in the Russian Federation. The author substantiates the
following order of actions for the improvement of this mechanism: 1) development of a complex theory (concept) for the organizational
and legal mechanism (doctrinal stage); 2) adoption of laws and amendments in the current laws (law-making
stage). The author studies the definition of organizational legal mechanism, as well as of methodological characteristics
and elements of functioning and development. The author provides a number of constructive conclusions as to the further
progressive development of this mechanism. The methodological basis for the study includes application of both general
scientific means and methods and the specific scientific methods typical of legal studies. The author used dialectic, historic,
comparative legal, specific sociological, statistical, logical methods, as well as the method of systemic structural analysis. The
study was based upon the generalization and systemic analysis of scientific work and the normative legal basis. The problem of organizational and legal mechanism for the guarantees of basic constitutional rights and freedoms is among the largest,
and the materials are plentiful. Whichever sphere of society and state we might take, it shall be more or less connected with
the issues of rights and freedoms of individuals and citizens. The category of organizational and legal mechanism for the
guarantees of constitutional basic rights and freedoms of individuals and citizens causes a lot of discussions and is an object
of much interest. In spite of a large number of works on these issues, some problems are insufficiently studied. The cause can
be found in the ongoing reforms in Russia, lack of legislative stability in this sphere. These and other circumstances predefine
topicality and practical importance of the study, as well as the need for the analysis of organizational and legal mechanism
for the guarantees of constitutional basic rights and freedoms of individuals and citizens in order to make its functioning
more efficient and they prove the need for further scientific and practical recommendations.

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